COMPLIANCE WITH MES OBJECTIVES OF THE PRESENTATION - PowerPoint Presentation

1. COMPLIANCE WITH MES

2. OBJECTIVES OF THE PRESENTATIONApproach to compliance and enforcement within the waste and pollution sector – compliance promotion/monitoring versus enforcement (used to bring facilities into compliance) Understanding the role of DEA versus the local authorities Current initiatives and status quo of Compliance and Enforcement activities in relation to air quality legislation (including MES) since coming into effect of the MES

3. FACILITATED APPROACH TO COMPLIANCE AND ENFORCEMENT The focus is to bring facilities into the regulatory net rather than to shut them down and prosecute - process takes place over a number of years (actions since 2014) – coordinated and strategic (planning is essential)Ensuring compliance without compromising integrity of the legislative framework, but at the same time recognising the importance of fiscal growth and other government priorities – job securityCompliance and Enforcement within the waste and pollution sector is very complexHistorical pollution requires time to remediateOutdated technology – significant capital required to align to new requirementsComplex science involved requiring specialised equipment and tools

4. COMPLIANCE PROMOTION AND COMPLIANCE VERIFICATION BASELINE INSPECTIONS VOLUNTARY COMPLIANCE PROMOTEDOpportunities are given to make representations and to rectify Compliance verification with line function (need for additional assistance assessed)FOLLOW-UP INSPECTIONS Continued non-compliance detected – referral for prosecution

5. On site compliance monitoring inspections by EMIs (DEA, Provincial Environmental Departments and Municipalities)Facilities required to conduct emissions monitoring continuously and/or periodically and submit emissions monitoring reports to the Licensing Authorities (District Municipalities and Provinces) for reviewBACKGROUND

6. Competence: National, Provincial, LocalExclusive NationalExclusive ProvincialConcurrent National and ProvincialLocal National parks, Botanical gardens Marine resourcesAbattoirsProvincial planning;Provincial recreation;Veterinary services,Environment;Nature Conservation Pollution control Soil conservationAir pollution;Beaches and amusement facilities;Cleansing;Control of public nuisances;Municipal parks and recreation;Noise pollution;Refuse removal, refuse dumps and solid waste disposal;

7. TOTAL NUMBER OF LOCAL AUTHORITY EMIS DESIGNATED Province 2014-15FY2015-16FY2016-17FYGauteng374351Limpopo102229North West91324Western Cape243050Free State−−22Eastern Cape347Mpumalanga−1814KwaZulu-Natal 102102102Northern Cape-44Totals185236303

8. COMPLIANCE STATUSOn-site inspections conducted at 21 Facilities jointly by EMIs from 3 spheres since April 2015Total of 16 not in full compliance to MES5 are Eskom Power Stations 5 are HCRW facilities6 are various facilitiesOld technologies and poor quality of coal cited as reason for non-complianceReports of non-compliance shared with line functions All the reports of non-compliance were referred either to Enforcement CD or C&WM (in line with Waste Protocol)

9. KEY: ACRONYMSNEMA – National Environmental Management ActAPPA – Atmospheric Pollution Prevention ActECA – Environment Conservation ActNEM:AQA – National Environmental Management Air Quality ActAEL – Atmospheric Emission LicenceWML – Waste Management LicencePM – Particulate MatterC&WM – line function – Branch Chemicals and Waste ManagementPCN – Section 31L NEMA Pre-Compliance NoticeCN – Compliance Notice in terms of NEMAS31H Notice – Notice in terms of Section 31H of NEMA which requires certain information to be provided PD – Pre-Directive

10. ENFORCEMENT STATUS2016/17 FYFacilityDateFindings (Exceedances)Action Taken / StatusPPC Dwaalboom1 September 2015PMS31L NEMA PCN -18 May 2016Representations received 30 June 2016Meeting 23 Aug 2016 – additional information requiredRepresentations received on 02 September 2016No further enforcement action – new AEL issued on 15 July 2016 (compliance inspection had been conducted against authorisation dated February 2015)Eskom Tutuka Power Station17-18 November 2015PM, SO2, NOxS31L NEMA PCN - 01 September 2016S31H NEMA Notice - 06 July 2017Representations received and under reviewEskom Kendal Power Station14 December 2015PMS31L NEMA PCN - 24 October 2016Representation submitted 15 December 2016Timeframes provided to come into compliance within 3-4 years namely 2020

11. ENFORCEMENT STATUS2015/16 FYFacilityDate of inspectionFindings (Exceedances)Action Taken / StatusEvraz Highveld Steel02-03 June 2015PM, SO2S12(3)(a) APPA and ECA and NEMA PDs - 2 February 2010S31L NEMA PCN & S31A ECA PD -10 November 2010S31H NEMA Notice -23 May 20122nd S31H NEMA Notice to Highveld Steel dated 3 August 20123rd S31H NEMA Notice - 25 January 2013Follow-up inspection – June 2015 and PCN July 2015Referred for criminal prosecutionShutdown Steel Plant – Business RescueNatref14 December 2015Monitoring not conducted as requiredS31L NEMA PCN - 5 Aug 2016Representations received and under reviewSasol Sasolburg19 April 2016CO, SO2, NOx, TOCS31L NEMA PCN – 07 October 2016S31H NEMA Notice – 02 May 2017 (Incinerators at Thermal Oxidation Plant currently shutdown)Referral of case to C&WM – Waste Protocol

12. ENFORCEMENT STATUS2016/17 FYFacilityDateFindings (Exceedances)Action Taken / StatusAMSA Vanderbijlpark6-7 June 2016PMReferral of case to C&WM – Waste ProtocolDMS Powders30 August 2016PMReferral of case to C&WM – Waste ProtocolEskom Lethabo Power Station19-20 July 2016PM, SO2Air quality monitoring to be undertaken as part of the National Air Quality Blitz. Unfortunately, the air quality monitors could not be obtained in time.Subsequently a S31H NEMA Notice is in the process of being finalised and issuedEskom Majuba Power Station5-6 September 2016Data presented not demonstrating complianceReferral of case to C&WM – Waste ProtocolEskom Medupi Power Station7-8 February 2017PMCase referred to Branch: C&WM – Waste Protocol

13. ENFORCEMENT STATUS2016/17 FY HCRW INCINERATORSFacilityDateFindings (Exceedances)Action Taken / StatusAverda Klerksdorp15 Nov 2016HCl, CO, HFPCN dated 9 April 2015 had been issued to Wasteman for WML and AEL non-compliancesFollow-up inspection conducted on 7 April 20162nd PCN en route for signatureBiomed 15 Nov 2016NO, NOx, Heavy Metals , Dioxins and furansCase referred to C&WM – Waste ProtocolClinX15 Nov 2016Monitoring not conductedS31H NEMA PCN – 28 July 2017S31L CN is currently being finalised for issuance to the facilityEnviroServ Eastern Cape (Roodepoort) 15 Nov 2016PM, HCl, SO2, CO, Dioxins and FuransS31L NEMA PCN – 26 Sept 2017Awaiting representationsOptimum17 Nov 2016Monitoring no conducted as requiredSite investigation in March 2017Referred to C&WM - Waste ProtocolAdministrative enforcement action authorised - notice currently being drafted

14. ESKOM KENDALInspection on 14 December 2015:Non-compliances with respect to AEL, emission limit exceedancesEnforcement Action: S31L NEMA Pre-Compliance Notice issued on 24 October 2016Outcomes/Initiatives/Action Plans as per representations: Refurbishment and upgrades of abatement equipment;Proposed plan for installation of high frequency transformers of ESPsRefurbishment of the electrostatic precipitators during 2017-2020Refurbishment of the S03 Plants during 2017-2020Maintenance execution strategy for the Flue Gas Conditioning and Cleaning PlantSubmission of Quality Control Plans for various maintenance tasks that were undertaken at Unit 4Repairs at various areas in the Ash Plant

15. ESKOM LETHABO POWER STATIONBaseline Inspection: 03 November 2009Failure to comply with conditions stipulated in APPA Registration Certificate (“R/C”), fugitive emission & exceedences of limits2011: Section 31(H) NEMA Notice to Lethabo Power Station dated 18 Oct 2011 S31A ECA PD and S31L NEMA PCN - 17 July 2012 due to non-compliance with the conditions of its APPA R/C2013: S31H NEMA Notice on 1 March 2013 2014: Letter re: No further enforcement action on 3 February 2014 due to conversion of APPA R/C to AEL and exemption being granted by CAPCONew Inspection: 19 & 20 July 2016Failure to comply with conditions stipulated in the new Atmospheric Emissions Licence (“AEL”), fugitive emission & exceedences of limits.The Department is in the process of taking enforcement action

16. NATREFInspection on 14 December 2015:Non-compliance with conditions in AEL, elevated levels of PM, SOx and NOx emissions, failure to submit bi-annual emissions monitoring reports, ineffective abatement equipment, activities causing and have the potential to cause serious significant pollution or degradation of the environmentEnforcement Action: S31L NEMA pre-compliance notice on 5 August 2016Outcomes/Initiatives/Action Plans as per representations: Vulnerability study on Sulphur Recovery Unit initiated to improve availability during shutdownMore frequent reporting and emission surveys, compliance with prescribed AEL LimitsSubmission of sampling results biannuallyPostponement application wrt SO2 emission limits communicated to NAQOImplementation of measures to reduce fuel oil firing – Reduction in SO2 emissionsChanges to type of catalyst in Fluidised Catalytic Cracker to reduce PM emissionsR272 million FCC Cyclone replacement during shutdown in October 2016Installation of electrostatic precipitator by 2022Submission of off-set implementation plan to NAQO to reduce both SO2 & PM in ambient environment.

17. SASOL SASOLBURGBaseline inspection: Between 29 and 31 October 2012 – No enforcement action taken (2014 & 2017 postponement applications)Follow-Up Inspection: Between 18 and 20 April 2016:Lack of information regarding the “feed stream analysis” for the B6990 incineratorExceedences from the Heavy End B, Spent Caustic and High Sulphur Pitch Incinerators at the Thermal Oxidation Unit; and No continuous emissions monitoring (“CEM”) at the Thermal Oxidation UnitNon-compliances with the conditions stipulated in the AELEnforcement Action: 2016 & 2017S31L NEMA pre-compliance notice on 7 October 2016S31H NEMA notice on 02 May 2017Outcomes/Initiatives/Action Plans as per representations: Analysis for Mercury, Fluoride and Chloride. Feed stream analysis for B6990 Incinerator. SO-env-212 Project plan for recommissioning of Incinerator S6900.The Department is currently considering the request for “recommissioning”Case referred to C&WM – Waste Protocol

18. CLINXInspection: 15 October 2014Failure to comply with conditions stipulated in the WML and PAEL, as well section 49A(1)(e) and (f) of the NEMAEnforcement Action:S31H NEMA notice issued on 29 February 2016. Representations to S31H NEMA Notice received on 14 March 2016Facility was still in non-compliance with AEL conditions and NEMAS31L NEMA PCN issued on 15 July 2016. Representations received on 29 August 2016Follow-up Inspection: 15 November 2016Subsequently, the Department embarked on a national HCRW blitz which included this facilityContinued failure to comply with conditions stipulated in the WML and PAEL, as well section 49A(1)(e) and (f) of the NEMAFollow-up administrative enforcement action will be taken against the facility

19. CRIMINAL INVESTIGATIONSMESAEL MINING Part of the Highveld & Vaal Air Quality Priority area blitzSearch warrant executed on Monday 14 December 2015Criminal case docket registered with Sebenza under Cas 113/01/2017ContraventionsSection 51(1)(e) of NEM:AQA – non-compliance with conditions and requirements of AEL: emissions above of what was allowed in the AELCriminal case docket submitted to DPP on 23 June 2016 for decisionADR agreed upon on 24 August 2017 & finalised

20. CRIMINAL INVESTIGATIONSSAPPI SAAICOR July 2015 received complaint from Compliance and Monitoring and Ethekwini Municipality regarding non-compliance of SAPPI-Saiccor with their AELSearch and seizure operation conducted on the 7th September 2015Criminal Case registered with SAPS under Umkomaas CAS 241/03/2017 and referred to DPP on 24 March 2017Section 51(1)(e) of NEM:AQA – failed to comply with conditions of AEL Section 49A(1)(f) – Act or omission which detrimentally affects or is likely to detrimentally affect the environment

21. EVRAZ HIGHVELD STEEL

22. Highveld Steel: Total of 54 non-compliances: Lack of adequate monitoringExceedences of the emission limits (SOx, PM10, Nox)Exceedences in production and use of raw materialsUnauthorised scheduled processesNEMA duty of careBoth administrative and criminal enforcement initiatedFacility shut down in 2016 – Business RescueCriminal case finalised and awaiting decision from the DPP

23. CHALLENGES IN RELATION TO COMPLIANCE AND ENFORCEMENT Number of Business Rescue processesBuilding and retaining compliance and enforcement specialised experience within government (technical and legal)Enabling growth and development while enforcing environmental complianceOverlapping mandates / legislation – better co-ordination / information collection and sharingTransitional period from APPA registration certificates to AELs – more stringent permits – able to monitor compliance and enforceStaggered time periods for compliance with standardsLengthy process when non-compliance detected – old, dirty technologies and significant monetary resources to correctCapacity to monitor compliance and enforce – local authorities responsible for issuing AEL’ s

24. Additional work required in respect of postponement decisions – checking of road mapsSupport apportionment study in the Vaal and Highveld priority areas – justification for taking compliance and enforcement action Assist and capacitate Local Authorities as and when requiredPLANS IN 2017/2018

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